§32.07 Finalty of Final Decree

• Jurisdiction: Washington

§ 32.07 FINALTY OF FINAL DECREE

This section discusses if and when a dissolution can be reopened, relitigated, or modified. For further discussion, see Chapter 64 (Finality of Decrees) of this deskbook.

[1] Res Judicata

A final decree is supposed to be res judicata, that it to say, not able to be reopened and relitigated. See In re Marriage of Shortway, 4 Wn. App. 2d 409, 422-23, 423 P.3d 270 (2018); Kelly-Hansen v. Kelly-Hansen, 87 Wn. App. 320, 333, 941 P.2d 1108 (1997).

The doctrine of res judicata rests upon the ground that a matter which has been litigated, or on which there has been an opportunity to litigate, in a former action in a court of competent jurisdiction, should not be permitted to be litigated again. It puts an end to strife, produces certainty as to individual rights, and gives dignity and respect to judicial proceedings.

Fies v. Storey, 37 Wn.2d 105, 111-12, 221 P.2d 1031 (1950).

[2] Exceptions

The law recognizes at least five exceptions to the rule that a final decree is res judicata: (1) fraud/CR 60, (2) maintenance, (3) military pension, (4) omitted property, and (5) jurisdiction.

[a] Fraud/CR 60

Res judicata does not apply when there has been fraud. Francon v. Cox, 38 Wn.2d 530, 540, 231 P.2d 265 (1951). The courts will also set aside an order for want of jurisdiction or mistake. Fite v. Lee, 11 Wn. App. 21, 25-26, 521 P.2d 964 (1974). These factors and others have been codified in CR 60.

CR 60(b)(11) is known as the "catch-all provision" in CR 60: "any other reason justifying relief from the operation of the judgment." The courts have interpreted this provision narrowly. "Extraordinary circumstances" must be shown to gain relief under FED. R. CIV. P. 60(b)(6). Ackermann v. United States, 340 U.S. 193, 199-200, 71 S. Ct. 209, 95 L. Ed. 207 (1950). As well, only an "extraordinary circumstance" will justify reopening a judgment under CR 60. Wagers v. Goodwin, 92 Wn. App. 876, 881-82, 964 P.2d 1214 (1998).

Extraordinary circumstances may include military retirement, discussed in § 32.07[3], below. In addition, a dissolution decree may be vacated for extraordinary circumstances to overcome a manifest injustice, or when the decree is void ab initio for violation of public policy. See In re Marriage of Hammack, 114 Wn. App. 805, 810-11, 60 P.3d 663 (2003) (holding that property settlement was void ab initio because it waived husband's obligation to pay child support).

[b] Maintenance

A court may modify a provision in a final decree that...